Features

Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.

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Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking

Columns & Departments

A compilation of commercial real estate rulings in courts across the country.

Features

In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Features

Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

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Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use

Columns & Departments

Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession

Features

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?